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Venice News Updates

News of Venice, CA and Marina del Rey CA

Laws, municipal codes that are being discussed

The Lavan Injunction
“The City is able to lawfully seize and detain property, as well as remove hazardous debris and other trash.” The injunction merely prevents the City from unlawfully seizing and destroying personal property that is not abandoned without providing any meaningful notice and opportunity to be heard.

Jones Settlement
1) LAMC 41.18(d) will not be enforced between the hours of 9 pm and 6 am except as set forth in paragraphs 2 and 3 below. The City police department will keep this policy in effect and operate accordingly until an additional 1250 units of permanent supportive housing are constructed within the City, at least 50 per cent of which are located in Skid Row an/or greater downtown LA.

2) LAMC section 41.18(d) will be enforceable at all times at locations within ten (10) feet of any operational and utilizable entrance, exit, driveway or loading dock.

3) Measurement of Distance

a) Entrance/Exit to Parking Lot: 10 feet measure perpendicularly from the outer edges of the driveway, and from those points the area encompassed by the measurement shall extend to the curb line.
b) Entrance/Exit to Parking Lot: 10 feet measured perpendicularly from the outer edges of the driveway, and from those points the area encompassed by the measurement shall extend to the curb line.
c) Loading Dock: 10 feet measured perpendicularly from the outer edges of the opening, whether raised or not, and from those points the area encompassed by the measurement shall extend to the curb line.
4) No person shall be cited or arrested for a violation of LAMC section 41.18(d) unless a peace officer for the City of Los Angeles has first given the person a verbal warning regarding such section and reasonable time to move and the person has not complied with that warning.

SEC. 41.18. SIDEWALKS, PEDESTRIAN SUBWAYS – LOITERING.

(a) No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon or so as to obstruct or unreasonably interfere with the free passage of pedestrians. (Amended by Ord. No. 137,269, Eff. 10/21/68.)

Whether or not a defendant’s acts “in any manner hindered or obstructed the free-passage” of persons passing is clearly a question of fact for the jury.
People v. Firestone, CR A 518.

Where free-passage along sidewalks is obstructed by persons listening to what is said at a street-meeting, the persons conducting said meeting cannot be convicted of a violation of this section in the absence of other facts.
People v. Yoneda, CR A 249.

(b) No person shall loiter in any tunnel, pedestrian subway, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass, or retaining wall or abutment.

Sec. 41.18 has not been preempted by State Legislation encompassing loitering offenses.
Gleason v. Municipal Court (April 1964), 226 Cal. App. 2d-226 ACA 701.

(c) No person in or about any pedestrian subway, shall annoy or molest another or make any remark to or concerning another to the annoyance of such other person, and no person shall commit any nuisance in or about such subway.

(d) (Amended by Ord. No. 137,269, Eff. 10/21/68.)
No person shall sit, lie or sleep in or upon any street, sidewalk or other public way. (See Jones Settlement.)

The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of Section 103.111 of Article 2, Chapter X of this Code; nor shall the provisions of this subsection apply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority or permitted by this Code.

Comment (1)

  1. Kathie

    BONIN is a narcissist.The current homeless programs that are all being discussed were pushed through the works and awarded to his cronies prior to any of the residents hearing about them. This is purely about money and this does not happen overnight.The less warning you have, the limited time you have to stop it!
    The major concern here is the quality of life for everyone.
    Continuing to allow these encampments all over the city has created an unsafe and unsanitary environment for all of us.
    NONE of these programs will solve our current issues with the people now living on the streets throughout our city.Also people currently on our streets will NOT benefit from any of these programs.
    These street encampments are a MAJOR HEALTH HAZARD FOR US ALL. The environment is toxic in our neighborhoods and the crime increase in Venice is unacceptable.
    It is now the time to seriously consider Venice City hood and take our community back so we can all live in a community we can be proud of !

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